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(영문) 수원지방법원 안양지원 2018.09.07 2018고단1124
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 11, 2018, the Defendant driving a D-wing truck under the influence of alcohol with approximately 0.214% alcohol concentration in blood at the 1km section from the road near the Defendant’s residence, which was located in Cheongdo-dong, Cheongdo-dong, Cheongdo-dong, Cheongdo-dong, to the 2nd roads of king-si, Jindo-si.

2. On June 11, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was driving a D-wing and freight vehicle while under the influence of alcohol concentration of 0.214% in blood, and turn to the left at the speed.

Since a house is a side road, there was a duty of care to operate the steering system and brakes properly by properly manipulating the steering system and the steering system while living well on the front side and the left side of the driver.

Nevertheless, the Defendant neglected to do so and did not look at the front and right and the right and the right and the part of the victim E (85) who walked on the right side of the cargo vehicle of the Defendant, was shocked with the front part of the above cargo vehicle.

As a result, the Defendant driven the above cargo while it is difficult to drive the vehicle normally due to influence of drinking, and suffered approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. Bluice stuff photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of imprisonment for each sentence concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (amended by the sentencing guidelines) are general.

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